Republican lawmakers in South Dakota have blocked an anti-marriage equality resolution, marking a victory for LGBTQ+ rights. While several Republican-led states had pushed for the Supreme Court to overturn marriage equality, South Dakota’s House Judiciary Committee voted 9-4 to send the proposed resolution to the 41st Legislative Day—effectively ensuring its failure.
Republicans Reject the Resolution
House Concurrent Resolution 6012 sought to reaffirm marriage as strictly between a man and a woman, citing historical and legal traditions. It argued that the Supreme Court’s 2015 decision in Obergefell v. Hodges, which legalised same-sex marriage nationwide, was an unjust departure from longstanding legal and cultural precedents.
However, several Republican lawmakers opposed the resolution. Rep. Mike Reisch dismissed its necessity, arguing that same-sex marriage does not impact his life.
“When it comes to what the state does as far as the marriage license, I look at it as a civil contract between two people… and that does not affect me,” Reisch said. “I just cannot vote for [it].”
Republican Rep. Matt Roby also rejected the measure, saying it served no purpose other than to marginalise LGBTQ+ citizens.
“This resolution… simply provides the message to these people in South Dakota that they are second-class citizens,” Roby said. “Because of the bad messaging, I am going to oppose this.”
The Resolution’s Sponsor Defends His Stance
The resolution’s sponsor, Republican state Rep. Tony Randolph, insisted that his proposal was not about discrimination but rather about protecting states’ rights.
“Obergefell sets a dangerous precedent that erodes religious liberty and other constitutional protections,” Randolph stated during the hearing, as reported by KELO-TV. “It is our duty to reaffirm the principle that law should be made by the people, not imposed by a judicial decree.”
However, many of his fellow Republicans did not agree, leading to the resolution’s downfall.
A National Push Against Marriage Equality
South Dakota’s rejection flies in the face of efforts in other Republican-led states, where lawmakers are said to be working on a challenge to Obergefell. In Idaho, Michigan, Montana, and North Dakota, legislators have introduced resolutions urging the Supreme Court to overturn the ruling. Similar measures have already advanced in at least one legislative chamber in Idaho and North Dakota.
Meanwhile, Missouri, Oklahoma, Tennessee, and Texas have introduced bills promoting “covenant marriage,” a concept that would restrict certain legal protections to heterosexual couples. These efforts are designed to provoke a legal challenge that could make its way to the Supreme Court.
The Supreme Court’s Uncertain Stance
The future of marriage equality remains uncertain as the Supreme Court has moved further to the right since its 2015 ruling. Justices Ruth Bader Ginsburg, Anthony Kennedy, and Stephen Breyer—who supported Obergefell—have since retired or passed away, with only one being replaced by a Democratic president.
Two current justices have openly expressed their desire to overturn Obergefell, raising concerns about whether marriage equality will remain protected at the highest level of the judiciary.
For now, however, LGBTQ+ advocates can celebrate an unexpected win in South Dakota—where it was Republicans who stopped an effort to roll back marriage rights.
